Legal Opinion

Provow v. State

District Court of Appeal of Florida

Decided June 17, 2009No. 4D08-594PublishedCited by 6 opinions

1Opinion of the Court

*1135FARMER, J.

We affirm defendant’s conviction, writing to explain why the use of the locution and/or in both the charge and a jury instruction in this case does not constitute error.

Among other things, defendant was charged with at once resisting two police officers whose names were joined in the charge by the compound conjunctive/disjunctive and/or. At trial the State presented testimony that defendant fought both officers simultaneously as they attempted to detain him for questioning about a reported incident of domestic violence.

Testimony (obviously believed by the jmy) established these…

2Cases cited4 opinions

  1. Wallace v. StateSupreme Court of Florida · 1998
  2. Cochrane v. Florida East Coast Railway Co.Supreme Court of Florida · 1932
  3. Love v. StateDistrict Court of Appeal of Florida · 2008
  4. Knight v. StateDistrict Court of Appeal of Florida · 2002

3Cited by6 opinions

  1. Croom v. StateDistrict Court of Appeal of Florida · 2010
  2. Dempsey v. StateDistrict Court of Appeal of Florida · 2011
  3. Barnett v. StateDistrict Court of Appeal of Florida · 2013
  4. Bryant v. StateDistrict Court of Appeal of Florida · 2010
  5. Christian Johandry Castro v. the State of FloridaDistrict Court of Appeal of Florida · 2025

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